Patton et al v. Wal-Mart Stores, Inc.

Filing 31

ORDER Granting 30 Stipulation for Extension of Time to Conduct Discovery. All discovery should be concluded within 30 days. Signed by Magistrate Judge Cam Ferenbach on 9/22/2016. (Copies have been distributed pursuant to the NEF - SLD)

1 BRENDA H. ENTZMINGER
Nevada Bar No. 9800
2 RYAN KERBOW
3 Nevada Bar No. 11403
PHILLIPS, SPALLAS & ANGSTADT LLC
4 504 South Ninth Street
Las Vegas, Nevada 89101
5 [phone]
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Attorneys for Defendant
7 Wal-Mart Stores, Inc.
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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLENE PATTON and THOMAS H.
11 PATTON, JR.,

Case No.:

Plaintiff,

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STIPULATION AND [PROPOSED]
ORDER FOR LEAVE TO CONDUCT
CERTAIN DISCOVERY OUTSIDE THE
DISCOVERY PERIOD

v.
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WAL-MART STORES, INC., a foreign
14 corporation; DOE WORKER, an individual;
DOES 1 through 10, inclusive; and ROE
15 CORPORATIONS 1 through 10, inclusive,
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2:16-cv-0244-JCM-VCF

Defendants.

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Plaintiffs CHARLENE PATTON and THOMAS H. PATTON, JR. (“Plaintiffs”) and

19 Defendant WAL-MART STORES, INC. (“Walmart”), by and through their respective counsel of
20 record, do hereby stipulate to conduct certain discovery outside the discovery period.
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DISCOVERY COMPLETED TO DATE
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The parties have conducted an FRCP 26(f) conference and have served their respective
FRCP 26(a) disclosures;

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Plaintiffs have served responses to Walmart’s written discovery;

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The parties have made expert disclosures;

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Plaintiffs have propounded written discovery to Walmart;

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Walmart has deposed both Plaintiffs;
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Walmart has deposed Plaintiffs’ liability expert witness, John Peterson;

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Walmart has deposed Plaintiffs’ medical expert, Dr. Mary Shannon;

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Walmart has deposed Plaintiffs’ economic expert, Dr. Terrance Clauretie.

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DISCOVERY TO BE COMPLETED OUTSIDE THE DISCOVERY PERIOD

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Discovery to be completed includes:
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Plaintiffs’ deposition of fact witness, Joseph Lancto;

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Plaintiffs’ deposition of Walmart’s Rule 30(b)(6) representative;

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Walmart’s responses to written discovery;

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Depositions of Plaintiff’s treating physicians, Dr. Dara Wellborn and Dr. Beraldo
Vasquez.

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The parties aver, pursuant to Local Rule 2.25, that good cause exists for the request. Walmart

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13 timely sought deposition dates for Plaintiff’s treating physicians, but due to their busy schedules, these
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depositions could not be scheduled within the discovery period. Plaintiffs timely noticed depositions

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for Walmart’s Rule 30(b)(6) representative, and the parties are presently cooperating in attempting to
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reach a resolution regarding a dispute over the deposition topics without court intervention. Similarly,

18 the parties are working toward a resolution on Walmart’s objections to Plaintiffs’ written discovery
19 requests without court intervention. For an unknown reason, Walmart received Plaintiffs’ written
20 discovery requests ten days after the date they were mailed, as a result of which Plaintiffs have agreed
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that Walmart shall have additional time to respond, where the responses would otherwise be due on

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September 21, 2016. Plaintiffs timely noticed Joseph Lancto’s deposition, yet due to scheduling

24 conflicts, his deposition was unable to occur within the discovery period.
If this stipulation is granted, all discovery mentioned above should be concluded within thirty

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26 days. The parties aver that this request is made by the parties in good faith and not for the purpose of
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delay.

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2 DATED this 22nd day of September, 2016

DATED this 22nd day of September, 2016.

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/s/ Cara Xidis
Cara Xidis, Esq.
GANZ & HAUF
8950 W. Tropicana Ave, Suite 1
Las Vegas, Nevada 89147

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Attorneys for Plaintiffs

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/s/ Ryan Kerbow
Ryan Kerbow, Esq.
PHILLIPS SPALLAS & ANGSTADT
504 South Ninth Street
Las Vegas, Nevada 89101
Attorneys for Defendant

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11 IT IS SO ORDERED:
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_____________________________________
JUDGE OF THE DISTRICT COURT
UNITED STATES MAGISTRATE JUDGE
September 22, 2016
DATED:_____________________________

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